Terms and Conditions of Sale
1. Scope and Definitions
These Terms and Conditions of Sale apply to orders placed through the Seller’s online store.
Customer means a consumer or business customer placing an order.
Consumer means a natural person acting primarily for purposes outside their trade, business or profession.
Seller means the company operating the Online Store.
Online Store means the Seller’s digital sales channel.
These Terms apply unless otherwise agreed in writing. Mandatory consumer protection legislation applicable to consumers shall always prevail over these Terms.
2. Formation of the Contract
A binding sales contract is formed when the Seller sends an order confirmation to the email address provided by the Customer.
The Seller reserves the right to reject or cancel an order before dispatch in the event of an obvious pricing error, incorrect product information, lack of availability, suspected misuse, or another justified reason.
If payment has already been received for a cancelled order, the payment will be refunded without undue delay.
3. Prices
Prices are stated in euros and include applicable value added tax (VAT) where required, unless otherwise stated.
Delivery charges and any other applicable fees are displayed before the Customer confirms the order.
The Seller reserves the right to correct obvious pricing errors, product information errors and stock availability discrepancies before dispatch.
4. Payment
Available payment methods are displayed at checkout.
Payment is generally collected when the order is placed unless otherwise stated or separately agreed.
Payment services may be provided by third-party payment service providers and may be subject to their respective terms and conditions.
5. Delivery
Available delivery methods, estimated delivery times and delivery charges are displayed in the Online Store.
Delivery times are estimates unless a specific delivery time has expressly been agreed.
The Seller is not liable for delays caused by carriers, suppliers, customs authorities, force majeure events or other circumstances beyond the Seller’s reasonable control, except where mandatory law provides otherwise.
The Seller reserves the right to make partial deliveries where reasonably necessary.
6. Product Information and Compatibility
Product information is based on information provided by manufacturers, suppliers and other reliable sources. Despite reasonable efforts to ensure accuracy, product information may contain errors or omissions.
The Customer is responsible for verifying the compatibility of a product with the relevant vehicle, engine, machine or equipment before installation.
Part numbers, cross-references and compatibility information are provided to assist product identification and should be verified where necessary before installation.
Nothing in this section limits the Seller’s statutory liability for incorrect or misleading product information.
7. Consumer Right of Withdrawal
Consumers generally have the right to withdraw from a distance sales contract within 14 days without giving any reason.
For goods, the withdrawal period expires 14 days after the day on which the Consumer, or a third party designated by the Consumer other than the carrier, receives the goods.
The Consumer must notify the Seller of the withdrawal by email before the withdrawal period expires. The withdrawal notice must clearly state at least the Customer’s name, order number, and the product or products being returned.
The Seller will confirm receipt of the withdrawal notice and provide the Customer with the necessary return instructions.
After submitting the withdrawal notice, the Consumer must return the goods without undue delay and no later than 14 days after submitting the withdrawal notice.
The Consumer may inspect and handle the goods only to the extent necessary to establish their nature, characteristics and functioning, in the same manner as would reasonably be permitted in a physical store.
The Consumer is responsible for any diminished value of the goods resulting from handling beyond what is necessary to establish their nature, characteristics and functioning.
8. Exceptions to the Right of Withdrawal
The statutory right of withdrawal does not apply where an exception provided by applicable consumer protection legislation applies.
This may include, in particular:
* goods made to the Consumer’s specifications or clearly personalised;
* sealed goods which are not suitable for return due to health protection or hygiene reasons and which have been unsealed after delivery; and
* other products or services expressly excluded from the right of withdrawal under applicable law.
Installation or use of a product does not automatically remove a statutory right of withdrawal unless an applicable legal exception applies. However, installation or use may result in diminished value for which the Consumer may be liable.
9. Returns
Before returning goods, the Customer should notify the Seller and follow the return instructions provided by the Seller.
Goods should be returned carefully packaged and, where reasonably possible, with their original packaging and accessories.
The Seller reserves the right to inspect returned goods and assess any diminished value before completing the refund.
Unless otherwise agreed or required by law, the Consumer bears the direct cost of returning goods when exercising the statutory right of withdrawal, provided that the Consumer was informed of this obligation before placing the order.
The Seller bears reasonable return costs where the goods are defective, incorrect or otherwise non-conforming and the Seller is legally responsible for the return.
10. Refunds Following Withdrawal
Following a valid withdrawal, the Seller will reimburse payments received from the Consumer, including the cost of the least expensive standard delivery method offered by the Seller.
If the Consumer selected a more expensive delivery method, the Seller is not required to reimburse the additional cost exceeding the cost of the least expensive standard delivery option.
Refunds will be made without undue delay and no later than 14 days after the Seller has been informed of the Consumer’s decision to withdraw.
The Seller may withhold the refund until the goods have been received or the Consumer has provided evidence that the goods have been returned, whichever occurs first.
Unless otherwise agreed, the refund will be made using the same payment method used for the original transaction.
The Seller may deduct an amount corresponding to any diminished value of the goods for which the Consumer is legally responsible.
11. Defective or Incorrect Products
Customers should notify the Seller of defective, damaged or incorrect products without undue delay after discovering the issue.
The Seller may request photographs, product identification information or other reasonable documentation necessary to investigate the complaint.
Consumer rights concerning defective or non-conforming goods are governed by applicable mandatory consumer protection legislation.
Any commercial manufacturer’s warranty is additional to statutory consumer rights and does not limit those rights.
12. Business Customers
Where the Customer purchases goods primarily for business or professional purposes, statutory consumer protection rights, including the consumer right of withdrawal, do not apply.
Unless otherwise agreed in writing, returns by business customers require the Seller’s prior approval.
To the maximum extent permitted by applicable law, the Seller shall not be liable to business customers for indirect or consequential losses, loss of profit, loss of revenue, downtime or similar economic losses.
13. Limitation of Liability
Nothing in these Terms excludes or limits liability that cannot legally be excluded or limited.
For Consumer transactions, the Seller’s liability is determined in accordance with applicable mandatory consumer protection legislation.
For Business Customers, the Seller’s total liability arising from an individual order shall, to the maximum extent permitted by law, be limited to the purchase price of the products concerned.
The Seller shall not be responsible for damage resulting from incorrect installation, misuse, modification, failure to follow manufacturer instructions or use of a product in an application for which it was not designed.
14. Invoices and Disputed Payments
Invoices must be paid by their due date unless the Customer has a legal right to withhold payment or otherwise suspend payment under applicable mandatory law.
Submitting a complaint or return request does not automatically suspend an undisputed payment obligation.
15. Data Protection
Personal data is processed in accordance with applicable data protection legislation, including the EU General Data Protection Regulation (GDPR), where applicable.
Further information about the processing of personal data is provided in the Seller’s Privacy Policy.
16. Force Majeure
The Seller shall not be liable for failure or delay in performing its obligations where such failure or delay results from circumstances beyond the Seller’s reasonable control.
Such circumstances may include, for example, natural disasters, war, strikes, government measures, major transport disruptions, telecommunications failures, energy shortages or significant disruptions in supply chains.
If a force majeure event continues for more than two months and materially prevents performance of the contract, either party may terminate the affected contract, subject to applicable mandatory law.
17. Governing Law
These Terms and contracts concluded through the Online Store are governed by the laws of Finland.
For Consumers residing in another EU or EEA country, this choice of law does not deprive the Consumer of mandatory protection provided by the laws of the Consumer’s country of residence where such protection is applicable.
18. Dispute Resolution
The Customer is encouraged to contact the Seller first in order to resolve any dispute amicably.
Consumers may refer eligible disputes to the Finnish Consumer Disputes Board (Kuluttajariitalautakunta).
Consumers may also have the right to bring proceedings before the competent courts in their country of residence in accordance with applicable EU law.
Business Customers shall resolve disputes in the competent Finnish court determined in accordance with applicable law, unless otherwise agreed in writing.
Contact, complaints and withdrawal notices: myynti@mercantodor.fi.